Dangerous Dog Codes and Leash Laws For Houston, Harris County, and Surrounding Areas
Unlike most other areas of personal injury law, dog bite laws are not entirely the same from city to city. There are City Municipal Codes as well as County Codes that must be considered when trying to determine what the rules and regulations are in a particular area.
Houston Area Animal Control Ordinances, Laws & Regulations
Below is a collection of some of the applicable codes for Houston and surrounding areas. Generally, if there are city municipal codes, that apply, you go by them. County Codes typically kick in when the attack occurs outside the city limits in unincorporated areas within the county. Additionally, Texas Health & Safety Code Chapter 822 applies to bites all over the State of Texas.
- Bay City
- Baytown
- Bellaire
- Bunker Hill Village
- Clute
- Conroe
- Deer Park
- Friendswood
- Galveston
- Hedwig Village
- Houston
- Humble
- Jersey Village
- Katy
- Kemah
- LaMarque
- LaPorte
- League City
- Missouri City
- Montgomery
- Pasadena
- Pearland
- Rosenberg
- Seabrook
- Sealy
- Spring
- Tomball
- West University
If you do not find your city above, there are several code services and law libraries that you can look at to find your City’s code. If you still need help determining what codes apply to your case, please feel free to call our Houston dog bite attorneys for a free consultation at 713-932-0777.
See below for a quick reference summary of various animal control laws from several cities surrounding the South Texas area.
Bay City
Leash Law:
Sec. 14-8. – Running at large.
It shall be unlawful for any owner or harborer of a dog, cat, domestic pet, horse, mule, cow, bull, steer, calf, sheep, goat, hog, fowl, or other domestic or wild animal or livestock to allow the same to run at large on the streets, sidewalks, alleys, parks or other public places or upon another person’s or business’s private property.
(Code 1985, § 4-8)
State law reference— Authority to prohibit dogs and other animals from being at large, V.T.C.A., Health and Safety Code § 826.033.
Dangerous Dog Law:
Sec. 14-9. – Vicious animal.
(a) A vicious animal is:
(1) Any animal that has, on one previous occasion without provocation, attacked or bitten any person or other animal;
(2) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to that person;
(3) Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of persons or otherwise domestic animals; or
(4)Any animal that a city-designated veterinarian has reason to believe has a dangerous disposition likely to be harmful to humans or other animals.
(b) Any vicious animal found running at large may be destroyed by a peace officer or animal warden in the interest of public safety.
(c) A peace officer or animal warden may order any owner or person having care, control, or custody or any vicious animal to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten days to the city council. The city council shall hear the appeal at its next regularly scheduled council meeting or at a special meeting properly called. The city council may uphold, reverse, or modify the peace officer’s order, or may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the city council upholds the animal control order, the owner or person having care, control or custody shall not bring the animal into the city.
(d) If the owner or person having care, custody, or control of a vicious animal fails to remove such animal as provided for in subsections (b) and (c) of this section, such animal may be impounded and/or destroyed.
(e) The owner or person having care, custody, or control of a vicious animal must report the disposition and relocation of such animal to the chief of police in writing, within ten days after the expiration date for removal of such animal from the city. Each day thereafter such information is not provided shall constitute a separate offense.
(f) The chief of police or his deputy shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed.
Baytown
Leash Law:
Sec. 14-5. – Running at large.
(a) It shall be unlawful for any person to allow or permit an animal owned or possessed by him, other than a cat, to run at large.
(b) A culpable mental state is not required as an element of this offense.
(c) It is an affirmative defense to prosecution if the animal was running at large due to the act of some person, other than the owner of the animal or an occupant of the premises where such animal is possessed, or due to some factor not reasonably foreseeable by the owner or person having possession of the animal.
Dangerous Dog Law:
None.
Bellaire
Leash Law:
6-42 Except in Lafayette Park where posted and so designated, it shall be unlawful for the owner of any dog or dogs to permit said dog or dogs to be at large upon the streets, alleys, or public grounds of the city, or upon the premises of any person not the owner of such dog, unless such dog is under the control of the owner or keeper or his agent by means of a leash, chain, rope or cord not more than ten feet in length and of sufficient strength to control the conduct of the dog.
This section shall not be applicable wherein a dog is engaged in an obedience school, dog show, or similar activity under the direct supervision of the owner of such dog or at such times when the owner of such dog is showing or exhibiting such dog in a recognized show or exhibition.
Dangerous Dog Law:
None.
Dog Ownership Limitations:
6-36 Limit of 4 dogs
Bunker Hill Village
Leash Law:
3-23 It shall be unlawful for an owner to permit any dog to be at large upon the streets, alleys, and public grounds of the city, or upon the premises of any person not the owner or keeper of such dog. Any dog on the streets, alleys, or public grounds of the city or on the premises of any person, not the owner or keeper thereof, shall be at large, in violation of this section, unless such dog is under the control of the owner or keeper, or his agent, by means of a leash, chain, rope or cord not more than fifteen (15) feet in length and of sufficient strength to control the conduct of the dog.
Dangerous Dog:
Sec. 3-30. – Dogs or cats of dangerous or vicious propensities.
If any dog or cat shall bite or attempt to bite, bare its teeth, or snarl, or otherwise give obvious indication of an intention to attack any person on any property in the city, not the premises where such dog or cat is lawfully kept, it shall be the duty of:
(1) Every citizen of the city who is the owner of a dog or cat of vicious or dangerous propensity, or who has knowledge of such propensity, to keep such dog or cat under confinement and control and to prevent such dog or cat from running loose.
(2) Every person who has knowledge of a dog or cat of dangerous propensity may cause written notice to be given to the mayor of the city of the location of the dog or cat and the name and address of the owner or keeper of the dog or cat.
Clute
Leash Law:
Sec. 18-84. – Dogs running at large; prohibited; leash; destruction.
(a) It shall be unlawful for any person to permit his dog to run at large.
(b) All persons owning a dog shall keep such dog safely penned or chained upon such person’s premises. All persons having dogs with them on the public streets or in public places shall have the dog on a leash and shall keep the animal under control at all times.
(c) The provisions of this section shall not apply to assistance dogs when being used as such by persons with total or partial disability.
Dangerous Dog Law:
The law allows an animal control officer to determine whether a dog is vicious
18-141 (b)It shall be unlawful for any person within the corporate limits of the city to own, keep, possess, harbor, or allow to remain upon any premises under such person’s control any vicious cat or dog.
Conroe
Leash Laws:
10-4 It shall be unlawful for the owner or keeper of any animal to permit the animal to run at large at any time within the corporate limits of the city.
Dangerous Dog Law:
10-81 (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog the person shall:
(1) Provide the animal control authority with evidence that the dog has been spayed or neutered;
(2) Have the dog implanted with an RFID microchip that is registered with the animal control authority; and
(3) Provide a secure enclosure for the dog and permit the animal control authority to inspect the enclosure from time to time.
(b) When not in a secure enclosure the dog must be humanely muzzled and held on a leash that is no more than six feet in length and is appropriate for the size and weight of the dog. When on a leash the dog must be in the custody of a person who is at least 18 years of age who is physically capable of restraining the dog.
10-82 (a)A dangerous dog must be secured in a kennel that complies with the secure enclosure requirements of Texas Health and Safety Code § 822.041(4) and the additional requirements of this section. A dangerous dog may not be secured in a structure that is also used or occupied by humans, including a residence, garage, utility building, or other similar structure.
(b) The walls of a dangerous dog kennel must be not less than eight feet high and must consist of a 9-gauge chain link or a material deemed equivalent by the animal control authority. The kennel must have a roof or top that is attached to the walls and prevents entry or exit from above. The floor of the enclosure must be a concrete slab, not less than four inches in thickness, to which the walls are firmly anchored. The entry must be equipped with an automatic closing and latching mechanism and must be locked to prevent unauthorized entry. The kennel must contain a doghouse suitable to the size of the animal that affords shelter from inclement weather. The kennel must have an area that is not less than 72 square feet and no more than one animal may be housed in the enclosure.
(c) The occupant of premises upon which a dangerous dog is kept must post a durable all-weather sign bearing the words “DANGEROUS DOG”. The lettering must be at least two inches high and must be red on a white background. The sign must be posted where visible from each street that provides access to the premises.
10-9 If any animal within the city shall bite, scratch or otherwise attack any person and the person so attacked was not at the time trespassing upon the property of the owner or person having control of such animal or if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such animal, the municipal court shall have the authority to order and hold a hearing. If the court shall determine at the hearing that the animal is vicious or dangerous to persons or other animals, the court may order that the animal be kept muzzled, be kept within a sufficient enclosure, or be delivered to the animal control officer and by him destroyed.
Deer Park
Leash Law:
14-8 It shall be unlawful for any owner or person to:
(1) Fail to prevent any animal from running at large within the corporate limits of the city.
(4) Keep or harbor any dangerous or vicious animals within the corporate limits of the city.
Dangerous Dog Law:
14-162 It shall be the duty of every citizen of the city who is the owner of a dog or cat of vicious or dangerous propensity and who has knowledge of such vicious or dangerous propensity to keep such dog or cat muzzled or under confinement or restraint within a fence, house or other structure, or upon a leash or chain strong enough to restrain such animal and prevent such animal from running loose.
14-182 to 14-187 track the Texas Health and Safety Code virtually identically except they change the warning sign to say “warning bad dog” vs “dangerous dog”
Dog Ownership Limitations:
14-101 sets a maximum of 3 per household.
Hedwig Village
Leash Law:
10-81 It shall be unlawful for the owner to permit any dog to be running at large.
10-61 Running at large refers to a dog off the premises of the owner, and not under the control of:
(1) The owner;
(2) A member of the owner’s immediate family;
(3) An agent, servant, or employee of the owner; or
(4) A person given the responsibility of custody and control of such a dog by the owner.
Dangerous Dog Law:
None.
Dog Ownership Limitations:
10-64 It shall be unlawful for any person to simultaneously have or keep more than three dogs over the age of six months if within 150 feet of any residential dwelling other than the dwelling of the owner of such dogs.
Humble
Leash Law:
Sec. 10-67. – Dogs running at large.
It shall be unlawful for any owner to allow or permit his dog to run at large upon any public or private property within this city.
(Code 1973, § 6-32; Code 1991, § 7-46)
Dangerous Dog Law:
Sec. 10-68. – Destruction of dangerous, vicious dogs.
Any dog found at large after the owner thereof has previous knowledge or notice that such dog has engaged in vicious conduct as defined in V.T.C.A., Health and Safety Code § 822.013 may be killed by any police officer of the city without such officer having to catch or impound such dog.
(Code 1973, § 6-34; Code 1991, § 7-47)
Sec. 10-69. – Surrender of dangerous, biting animal; criteria for destroying.
(a) Any dog or other domestic animal that has engaged in vicious conduct as defined in V.T.C.A., Health and Safety Code § 822.013 and which has either escaped or been loosed from its owner’s property and has bitten any person while at large and then is or has returned to the owner’s property shall be immediately delivered by the owner to the city animal control officer upon demand by the animal control officer.
(b) The animal control officer shall impound such animals for at least 14 days. Upon expiration of the period, if evidence of rabies in the dog or domestic animal is detected, the animal shall be destroyed. The animal shall also be destroyed, even if it shows no evidence of rabies if the animal has bitten a person to death or has bitten a person more than one time while at large and is capable of causing serious injury or death of any person by reason of biting.
Jersey Village
Dog Ownership Limitations:
10-2. Limited to a maximum of two dogs.
Misdemeanor Dog Bite Law:
10-41 The owner of any dog or cat which bites any person, not engaged in the commission of a crime, on public property or private property not belonging to the owner, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided in section 1-8. Upon conviction for a second violation of this section, the dog or cat which for the second time has bitten a person shall be impounded and destroyed, and the owner thereof shall be punished as provided in section 1-8.
Dangerous Dog and Mischievous Dog Law:
(a) If any animal bites or attempts to bite any person or chases or otherwise attempts to catch a person or attacks or attempts to attack any other animal while such animal is at large, such animal shall be conclusively presumed to be a dangerous, vicious animal and an animal of dangerous and vicious propensities and tendencies.
(b) If any animal at large overturns a garbage container, or removes any garbage from any such container, or otherwise destroys or damages any property, such animal shall be conclusively presumed to be a mischievous animal and an animal of mischievous propensities and tendencies.
Katy
Dangerous Dog Law
“Sec. 2.03.082 Requirements for owner
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) Register the dangerous dog with the animal control officer;
(2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.”
Determining a Dog Dangerous
“Sec. 2.03.012 Determination that dog or cat is vicious or dangerous to public
If any dog or cat within the city shall bite, scratch or otherwise attack any person and the person so attacked was not at the time trespassing upon the property of the owner or person having control of such dog or cat, or if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such dog or cat, the municipal court of the city shall have the authority to order and hold a hearing. If such court shall determine at such hearing that such dog or cat is vicious or dangerous to persons or other animals, the court may order that such dog or cat be kept muzzled, or that such dog or cat be kept within a sufficient enclosure, or that such dog or cat be delivered to the city animal control officer and by him destroyed. (1999 Code, sec. 2.221)”
Attacks
“Sec. 2.03.084 Attack by dangerous dog
(a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog’s enclosure and causes bodily injury to the person.
(b) An offense under this section is a class C misdemeanor unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor, and the person may be subject to other criminal prosecution under the laws of the state in a court of competent jurisdiction.
(c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the animal control officer.
(d) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as provided for in the general penalty provision found in section 1.01.009 of this code. The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this section shall be retained by the city.”
Kemah
Leash Law:
10-4(a) It is required that:
(1) Each dog or cat shall be restrained by its owner;
Dangerous Dog Law:
None.
LaMarque
Leash Law:
8-10 At large—Riding in vehicle. No owner or keeper of any dog or cat shall permit or allow such dog or cat to run at large within the limits of the city. The owner or keeper of any animal running at large or not confined shall be in violation of this section.
Dangerous Dog Law:
None.
Dog Ownership Limitations:
8-11 limits the total number of adult pets to 4 per private property (with exceptions for vets, shelters, circuses, kennels, and pet shops) and 2 for apartments and other multiple-dwelling structures.
(a)Dogs and cats generally. It shall be unlawful for any person to keep, harbor, possess, maintain or allow to be kept, harbored, possessed, or maintained more than four dogs or four cats or any combination of such animals, with the total number not exceeding four over three months old, upon or within any premises owned, occupied or under the control of such person within the city, except where specifically exempted in this chapter.
(b)Multiple dwellings. It shall be unlawful for any person to keep, harbor, possess or maintain or allow to be kept, harbored, possessed or maintained more than two dogs or two cats or any combination of such animals, with the total number not exceeding two over three months old, upon any premises or within any apartment of a multiple-dwelling structure within the city. The director shall have full authority to limit the number of dogs, cats, and any and all other animals per apartment, in any specific area of the complex or in the multiple-dwelling complex as a whole, and he shall have the authority to enforce any such regulation as he may deem necessary for the control of rabies and for the health and safety of the people within such multiple-dwelling complexes.
(c)Exemptions. The provisions of this section limiting the number of animals shall not apply to the following:
(1)Veterinary hospitals.
(2)Pet shops.
(3)Kennels.
(4)Circuses.
(5) Animal shelters.
LaPorte
Leash Law:
None.
Dangerous Dog Law:
14-108 specifically adopts the Texas Health and Safety Code 822.
14-110 Guard Dogs
– must be permitted
-used for protection of commercial property
-property and housing subject to inspection
– unlawful to keep or permit the dog in or about any public house, public place, public street, or alley of the city.
-the penalty is revocation.
League City
Sec 18-3 – Relevant Definitions:
Owner means any person owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed, sheltered, or allowed or permitted to remain on a person’s property or property under the control of the person for three or more days without the person notifying the office of the regulatory authority. If the owner or keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with the specifications of this chapter.
Leash Law:
(a) Prohibited. No owner or keeper of any animal shall permit or allow such animal to run at large within the city limits. The owner or keeper of any animal running at large or not confined shall be in violation of this chapter.
(b) Animals in vehicles. Animals in vehicles shall be restrained in a manner that will not cause injury and will prevent the animal from reaching the outside of the vehicle.
(c) Animal establishments. Any animal off the premises of an animal establishment or outside the approved confinement area within the animal establishment without written approval from the director shall be considered at large and a violation of this chapter.
(d) Animals trespassing on private property. Any animal found outside of an enclosure trespassing or running at large upon any private property may be taken up by any person and delivered to the regulatory authority. The regulatory authority shall have the right to require that the fence be higher than six feet or require a secure top or a secure bottom to be added to the structure/pen if the need is demonstrated. This additional requirement shall be based upon the type of animal to be kept in the enclosure and its anticipated ability to escape.
Dangerous Dog Law (Relevant parts):
(a) Dangerous or vicious tendencies defined. The following shall be deemed animals with dangerous or vicious tendencies:
(1) Any animal that inflicts serious bodily injury or death to a person, or bites a person on public or private property;
(2) Any animal that has killed a domestic animal without provocation while off the owner’s property;
(3) Any animal which chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to that person;
(4) Any individual animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of persons or domestic animals; or
(5) All animals under the definition of the term “wild and exotic animals” in this chapter.
(c) Declaration of a dangerous or vicious animal.
(1) An animal shall be automatically declared to be a dangerous or vicious animal under subsections (a)(1) through (3) of this section if the owner is convicted under section 18-28.
(2) The regulatory authority may find and declare an animal to be a dangerous or vicious animal if the official has cause to believe that an animal is a dangerous or vicious animal under subsection (a) of this section.
(i) Registration of dangerous or vicious animals; required notifications.
(1) The owner of an animal declared to be dangerous or vicious under this section shall, within ten days of attaining compliance with the requirements of section 18-11(j), register the animal with the city animal control department.
(2) The owner shall notify the regulatory authority as soon as possible, but under any circumstances within 24 hours, if a dangerous or vicious animal is loose, stolen, or unconfined in an approved enclosure, has attacked another animal, or has attacked a person, or has died.
(3) The regulatory authority may at the authority’s discretion allow or disallow the relocation, giving, or selling of a dangerous or vicious animal. Approval to give, sell, or relocate a dangerous or vicious animal shall be in writing.
(4) If the owner of the dangerous or vicious animal obtains approval to relocate, sell or give away such animal, the owner shall provide the regulatory authority with the name, address, and telephone number of the new owner or location of the new or improved enclosure. The new owner must sign a sworn statement that he will comply with all the requirements of owners of dangerous or vicious animals if within the city. The new owner must comply with the requirements of owners of dangerous or vicious animals. The new owner must comply with the requirements of owners within 30 days.
(j) Requirements for owners of dangerous or vicious animals. An owner of an animal declared to be a dangerous or vicious animal under this section must comply with the following within 30 days of such final determination. Compliance with these requirements will be determined by the director.
(1) The animal must be registered in accordance with this section. The animal shall be micro-chipped and issued a fluorescent orange collar with dangerous dog tags at the owner’s expense. Photographs of the animal shall be taken and remain on file with the city animal control department;
(2) The owner of the animal shall be required to show proof of notification letters sent via certified mail (return receipt), advising all persons that reside at addresses within 200 feet of the animal;
(3) The animal must be kept in a secure enclosure as defined in section 18-3;
(4) The owner must present to the city animal control department a certificate of public liability insurance in the amount of $100,000.00 to cover any damages caused or which may be caused by the animal. The insurance shall be for a 12-month period and shall not be canceled unless the animal is no longer kept by the owner;
(5) The animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal, and the animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length and shall be restricted from any public park;
(6) The owner shall post a sign on his premises warning that there is a dangerous or vicious animal on the property. This sign shall be visible and capable of being read from the public street or highway; and
(7) The animal must be spayed or neutered.
(8) An animal declared to be dangerous or vicious under this section shall not be offered for adoption or sale and shall not be removed from the approved enclosure or the city without written permission from the regulatory authority.
If the owner of an animal declared to be dangerous or vicious under this section is unable or unwilling to comply with the ownership requirements listed in this subsection, the animal shall be euthanized by an animal shelter, the animal control agency, a licensed veterinarian, or the regulatory authority. An animal declared to be dangerous or vicious under this section shall not be offered for adoption or sale and shall not be moved from the approved enclosure or the city without written permission from the regulatory authority.
(m) Muzzling. Any dog tied or staked on public property shall be securely muzzled by the owner in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal. Further, the owner of any animal which has been conclusively presumed to be dangerous or vicious shall muzzle such animal when:
(1) The animal is not confined in a secure enclosure or is off the premises of the owner;
(2) The animal is on the premises of a business when such business is open or accessible to the public;
(3) The animal is on the outside premises of private property and not confined in such a manner as to preclude contact with casual visitors such as a mail person or delivery person, meter reader, children, etc.;
(4) The animal is on the outside of premises of private property where appropriate and adequate warning signs which are visible and capable of being read from the public street or highway have not been posted; or
(5) The animal is on a leash, on or off the owner’s property, and not confined as required in subsection (j)(3) of this section.
(n) Exemptions. The provisions of this section shall not apply to any law enforcement agency where a dog is being used for law enforcement.
(Code 1968, § 5-11; Ord. No. 94-02, § 2, 1-27-1994; Ord. No. 2014-21, § 2(Exhibit A), 6-24-2014; Ord. No. 2014-29, § 2(Exhibit A), 8-26-2014)
Missouri City
Leash Law:
Sec. 10-4. – Running at large prohibited; exceptions.
It shall be unlawful for any dog or other animal possessed, kept, or harbored, except a cat of a small domesticated species or of a mix of small domesticated species, to run at large.
Sec. 10-191. – Confinement and restraint of dangerous, vicious, or fierce dogs.
The owner shall confine within a building, or locked and covered enclosure, every fierce, dangerous or vicious dog, and not take such dog out of such building or enclosure unless such dog is securely leashed and muzzled.
Dangerous Dog Law:
Sec. 10-211. – Determination of dangerous dog.
(a) If a person reports an incident with a dog that may meet the definition of a dangerous dog as defined in this chapter, animal control may investigate the incident. If, after receiving the sworn statements of any witnesses, animal control determines the dog is a dangerous dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of animal control to the municipal court for a hearing as set forth in this chapter.
(Ord. No. O-98-29, § 2(4-9), 7-20-1998)
Sec. 10-212. – Requirements for owner of a dangerous dog.
(a) Owner requirements.
(1) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
a. Register the dangerous dog with animal control;
b. Restrain the dangerous dog at all times by muzzling the dog and keeping the dog on a leash in the immediate control of a person or by keeping the dog in a secure enclosure;
c. Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person, provide proof of the required liability insurance coverage or financial responsibility to animal control, and notify the city within 30 days if liability insurance coverage is changed or canceled;
d. Ensure that the dangerous dog properly wears the collar issued by animal control at all times;
e. Immediately notify animal control of any attacks made by the dangerous dog on people or domestic animals;
f. Follow any other requirements of animal control that will prevent the likelihood of future acts by the dangerous dog that would characterize the dog as a dangerous dog under this chapter including, but not limited to, ordering the dog removed from the city limits.
(2) The owner of a dangerous dog who does not comply with subsection (a)(1) of this section shall deliver the dog to animal control not later than the 30th day after the owner learns that the dog is a dangerous dog.
(3) If on the application of any person, the municipal court finds, after notice and hearing, that the owner of a dangerous dog has failed to comply with subsections (a)(1) or (a)(2) of this section, the court shall order animal control to seize the dog and shall issue a warrant authorizing the seizure. Animal control shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(4) The owner shall pay any cost or fee assessed by the city related to the seizure, impoundment, and destruction of the dog.
(5) The court shall order animal control to humanely destroy the dog if the owner has not complied with subsection (a)(1) of this section before the 11th day after the date on which the dog is seized or delivered to animal control. The court shall order animal control to return the dog to the owner if the owner complies with subsection (a)(1) of this section before the 11th day after the date on which the dog is seized or delivered to animal control.
(6) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(7) For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
a. The owner knows of an attack described in the definition of a dangerous dog in section 10-1
b. The owner receives notice that the municipal court has found that the dog is a dangerous dog under this chapter; or
c. The owner is informed by animal control that the dog is a dangerous dog pursuant to this chapter.
(b) Registration. Animal control shall annually register a dangerous dog if the owner:
(1) Presents proof of:
a. Liability insurance or financial responsibility, as required by this section;
b. Current rabies vaccination of the dangerous dog;
c. The secure enclosure in which the dangerous dog will be kept; and
(2) Pays an annual registration fee as set out in the schedule of fees adopted by the resolution by the city council.
(Ord. No. O-98-29, § 2(4-10), 7-20-1998; Ord. No. O-03-15, § 2, 3-5-2003)
Sec. 10-213. – Seizure of a dog causing the death of or serious bodily injury to a person.
The following shall apply whenever a dog is believed to have caused the death of or serious bodily injury to a person: (1) The municipal court shall order animal control to seize a dog and shall issue a warrant authorizing the seizure: a. On the sworn complaint of any person, including the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and b. On a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint. (2) Animal control shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog at the hearing as set forth in this chapter.
(Ord. No. O-98-29, § 2(4-11), 7-20-1998)
Sec. 10-214. – Hearing process.
a) Hearing.
(1) The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person or whether the dog constitutes a dangerous dog. The hearing must be held not later than the tenth day after either the date on which the warrant is issued pursuant to section 10-213 or the date on which the dog is delivered or seized pursuant to section 10-212(a)(2) or (a)(3).
(2) The court shall give written notice of the time and place of the hearing to:
a. The owner of the dog or the person from whom the dog was seized; and
b. The person who made the complaint.
(3) Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(4) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
a. Its owner;
b. The person from whom the dog was seized; or
c. Any other person authorized to take possession of the dog.
(5) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
a. Its owner;
b. The person from whom the dog was seized; or
c. Any other person authorized to take possession of the dog.
(6) The court may not order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person and:
a. The dog was being used for the protection of a person or person’s property; the attack, bite, or mauling occurred in an enclosure in which the dog was being kept; and:
1. The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and
2. The injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
b. The dog was not being used for the protection of a person or person’s property; the attack, bite or mauling occurred in an enclosure in which the dog was being kept; and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite or mauling occurred;
c. The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes;
d. The dog was defending a person from an assault or a person’s property from damage or theft by the injured person; or
e. The injured person was younger than eight years of age; the attack, bite, or mauling occurred in an enclosure in which the dog was being kept; and the enclosure was reasonably certain to keep a person younger than eight years of age from entering.
(b) Destruction of dog. The destruction of a dog under this section must be performed by:
(1) A licensed veterinarian;
(2) Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or
(3) Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(c) Provocation or location of attack irrelevant. Except as provided by subsection (a)(6) of this section, this section applies to any dog that causes a person’s death or serious bodily injury by attacking, biting, or mauling the person, regardless of whether the dog was provoked and regardless of where the incident resulting in the person’s death or serious bodily injury occurred.
Dog Ownership Limitations:
10-6 Limits the number of dogs you can own to 4.
Montgomery
Leash Law:
14-32 (a) Dogs on public property. It shall be unlawful for any person owning or having control over or having custody of any dog to permit or allow such dog to run or be at large upon any public highway, street, alley, court, square, park, sidewalk, or other public grounds or public property within the corporate limits of the city.
(b) Dogs on private property. It shall be unlawful for any person owning or having control over or having custody of any dog to permit or allow such dog to run or be at large upon any unfenced lot, tract, or parcel of land within the city without such dog being penned or leashed.
(c) Dangerous dogs. It shall be unlawful for any person owning or having in his possession a dog of dangerous or fierce tendencies to allow such animal to be at large. For purposes of this subsection, a dog of dangerous or fierce tendencies shall be defined as one who has previously attacked or bitten a person.
Pasadena
None at all.
Pearland
Leash Law:
Sec. 6-3. – Animal at large—Prohibited.
It shall be unlawful for any person to allow or permit any animal or fowl to be at large within the territorial limits of the city.
Dangerous Dog Law:
None.
Rosenberg
Leash Law:
Sec. 4-2. – Running at large.
It shall be unlawful for the owner of an animal to permit or allow such animal to run at large.
Sec. 4-5. (d) Dangerous dog running at large is prohibited. It shall be unlawful for any person owning or having in his possession a dog of dangerous or fierce tendencies to allow that dog to be at large. For the purposes of this section, a dog of dangerous or fierce tendencies shall be defined as one who has previously attacked or bitten a person. The penalty upon conviction for violation of this section shall be as provided in section 1-13 of this Code.
Dangerous Dog Law:
Sec. 4-5. – Vicious and dangerous animals.
(a) Vicious animals. No person shall own or harbor a vicious animal within the city limits. Such an animal shall be impounded as a public nuisance. If impoundment of such animal running at large cannot be made with safety to the animal control officer or other persons, the animal may be destroyed without notice to the owner or harborer.
(b) Guard dogs. It shall be unlawful to place or maintain any dog which has been specifically trained to attack, in any area of the protection of persons or property, unless the dog is physically confined to a specific area, or is under complete and absolute control. The area or premises in which a guard dog is confined must be conspicuously posted with warning signs bearing letters not less than two (2) inches high.
(c)Wild and exotic animals. It shall be unlawful for any person to possess, keep, permit, suffer, cause, or allow any wild or exotic animal upon or within any premises within the city. The city animal control officer may issue a temporary permit for the keeping, caring, and protection of an infant animal native to this area that has been deemed to be homeless. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, or veterinary hospitals.
Seabrook
Leash Law:
None.
Dangerous Dog Law:
None.
Dog Ownership Limitation:
Restriction of 6 at home and 2 in multifamily dwelling structures 10-7
Sealy
Dangerous Dog Laws:
Sec. 10-37. – Dangerous, vicious, mischievous animals.
(a) If any animal bites or attempts to bite any person or chases or otherwise attempts to catch a person or attacks or attempts to attack any other animal while such animal is at large, such animal shall be conclusively presumed to be a dangerous, vicious animal and an animal of dangerous and vicious propensities and tendencies.
(b) If any animal at large overturns a garbage container, or removes any garbage from any such container, or otherwise destroys or damages any property, such animal shall be conclusively presumed to be a mischievous animal and an animal of mischievous propensities and tendencies.
Dog Ownership Limitation:
10-46 Limits the number of dogs you own to four per home, two per apartment.
Spring
Spring is not a city. It is an unincorporated territory within Harris County. So you would look to the County laws, which are not very helpful, then to the Texas Health and Safety Code, Section 822.
West University
Leash Law:
Sec. 14-78. – “At large” defined.
For the purpose of this article, the phrase “at large” means the animal is:
(1) Free;
(2) Outside a secure enclosure; and
(3) Without a securely-attached leash held by a person of competent strength to hold and control the animal or fastened in a manner to prevent the animal from leaving.
An animal is also “at large” when on a leash if it is not sufficiently controlled to prevent disturbance of persons other than the owner or person in control.
(Code 2003, § 5.063)
Sec. 14-79. – Dogs at large; cat nuisances.
(a) Dogs at large. It shall be unlawful for a person to own or harbor a dog that is at large within the city at any time.
(b) Cat nuisances. It shall be unlawful for a person to own or harbor a cat which, within the city:
(1) Destroys or damages the property of another person;
(2) Deposits any noxious or offensive thing or substance within or upon a building, structure, or motor vehicle of another person; or
(3) Makes frequent or long-continued noise which is disturbing to persons of normal nervous sensibilities.
(c) Mental state. The culpable or mental state required for a violation of this section shall be only the lowest mental state if any, required by V.T.C.A., Penal Code § 6.02, or other controlling statutes. However, if no mental state is required by state statute, it is the intent of this section to dispense with any mental element for offenses under this section.
Dangerous Dog Law:
Sec. 14-83. – Dangerous dogs.
Chapter 822 of the Texas Health & Safety Code shall define and govern “dangerous dogs.” The animal control officer of the city is authorized to take all actions of the “animal control authority” under chapter 822. The following regulations apply to dangerous dogs, to the extent they are more stringent than chapter 822:
(1) There is a higher license fee.
(2) No license may be issued unless the driver’s license number or state identification number of the owner is permanently tattooed on the inner surface of one ear of the dog.
(3) The applicant for a license must be at least 18 years old.
(4) It shall be the duty of the owner and harborer of a dangerous dog to keep the dog restrained, at all times, by one of the following three methods:
a. Fenced and chained. Keeping the dog both enclosed within fences or walls at least six feet high (on the property from which the general public is excluded) and tethered with a chain and well-fitted collar, each having a minimum tensile strength of 300 pounds. The chain must be either securely fastened to an immovable object or held by a person with sufficient strength to restrain the dog, and it may not exceed 20 feet in length.
b. Chained and muzzled. Keeping the dog both tethered with a chain and well-fitted collar (each having a minimum tensile strength of at least 300 pounds) and muzzled with a device that makes it impossible for the dog to bite a person or domestic animal. The chain must be held by a person with suitable strength to restrain the dog, and it may not exceed three feet in length.
c. Fully enclosed. Keeping the dog within a fully enclosed cage or pen or within a building from which the general public is excluded, which is so designed and maintained that it is virtually impossible for the dog to escape by leaping, digging, or other means.
Unless restrained as required by this section, a dangerous dog shall be considered “at large” and subject to the other provisions of this chapter governing dogs at large.
(5) It shall be the duty of each person owning or harboring a dangerous dog to display a sign on the premises where the dog is kept for any period exceeding 12 hours. The sign must read “WARNING: BAD DOG” and must be plainly legible from each street area adjacent to the premises.
Help Finding City Ordinances After Animal Attack
If you do not find your city above, there are several code services and law libraries that you can look at to find your City’s code. If you still need help determining what codes apply to your case, please feel free to call us to speak to a dog attack attorney for a free consultation at (713) 932-0777.